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Terms of Service

 

Marwick Marketing, trading under Marwick Marketing Ltd (Company Number 370950784)

 

In consideration of “Customer” retaining Marwick Marketing Ltd to manage and optimise its online marketing (SEO, SEM, Social and/or Web) for the Customer, it is agreed as follows:

 

Warranties by Marwick Marketing Ltd.

 

Marwick Marketing Ltd represents and warrants to the customer that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner; that it has the power to enter into and perform this Agreement; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party or violate any federal, provincial and municipal laws. The Customer shall provide requisite training for additional products or services required by this Agreement which are not within Marwick Marketing Ltd’s area of expertise.

Communication

We aim to reply to all calls and emails within the same business day.

Independent Contractor

Marwick Marketing Ltd acknowledges that the services rendered under this Agreement shall be solely as an independent contractor. Marwick Marketing Ltd shall not enter into any contract or commitment on the Customer’s behalf. Marwick Marketing Ltd further acknowledges that it is not considered an affiliate or subsidiary of Customer and is not entitled to any Customer employment rights or benefits. It is expressly understood that this undertaking is not a joint venture.

Confidentiality

Marwick Marketing Ltd recognises and acknowledges that this Agreement creates a confidential relationship between Marwick Marketing Ltd and Customer and that information concerning Customer’s business affairs, Customers, vendors, finances, properties, methods of operation, computer programs, and documentation, and other such information, whether written, oral, or otherwise, is confidential. All such information concerning the Customer is collectively referred to as “Confidential Information.” Marwick Marketing Ltd agrees to follow Customer Information Security procedures and otherwise take all reasonable precautions for the protection of Confidential Information.

 

Non-Disclosure

Marwick Marketing Ltd agrees that, except as directed by Customer, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever and that upon the termination of this Agreement, it will turn over to Customer all documents, papers, and other matter in its possession or control that relate to Customer. Marwick Marketing Ltd further agrees to bind its employees and subcontractors to the terms and conditions of this Agreement.

 

Grant

Marwick Marketing Ltd agrees that its work product produced in this Agreement shall remain the exclusive property of Customer and that it will not sell, transfer, publish, disclose or otherwise make the work product available to third parties without Customer’s prior written consent. Any rights granted to Marwick Marketing Ltd under this Agreement shall not affect the Customer’s exclusive ownership of the work product.

Office Rules

Marwick Marketing Ltd shall comply with all office rules and regulations, including security requirements, when on Customer premises.

Reporting

SEO, PPC and SMM reporting is provided within the first week of a new month for the entire previous month via e-mail. In some instances, we will provide access to your dashboard.

Invoicing and Payment

The customer undertakes to pay the fees due under this Agreement upon the start date for the month ahead. Depending on your selected preferred method of payment, you will receive a sales receipt with the corresponding amount processed on your credit card, OR you will receive an invoice that can be processed via pre-authorised debit or manually via credit card through the invoice link, or via e transfer to [email protected]. All prices are in Pound Sterling and subject to 20% VAT. 

If the card payment is declined, we will try to process the payment three times during the following week, notifying you of the situation if declining continues. Marwick Marketing Ltd has the right to pause services until payment is received when a customer fails to pay within 30 days of the payment due date.

 

In the event of termination of this Agreement, the Customer shall pay all Fees for services already performed and contracted for and are subject to our cancellation policy.

 

Specific to Website Design and Development

Copyright and Ownership

Except for the retained rights described in the paragraph below, all services provided and all materials Marwick Marketing Ltd produces on your behalf will become your property upon full payment of our invoices.

Marwick Marketing Ltd retains the right to:

  1. use work produced for the Customer as part of its portfolio materials in both its online and offline portfolios;
  2. add your firm to our Customer list; and
  3. use your work in design competitions, publications, exhibitions, or other promotional purposes.

Any material or ideas prepared or submitted to you that you choose not to produce or for which you have not paid our invoices within 60 days of submission to you will remain Marwick Marketing Ltdʼs property (regardless of whether the physical embodiment of creative work is in your possession in the form of copy, artwork, plates, recordings, films, tapes, etc.) and may be submitted to other Customers for their use, provided that such submission or use does not involve the release of any confidential information regarding your business or methods of operation.

 

 

Out Of Scope Work

Additions to the project scope will be billed on a time and materials basis at our hourly rate of £160 per hour. Such charges shall be in addition to all other amounts payable under this contract, despite any maximum budget, contract price, or final price identified. Additions to the project scope will impact the delivery schedule and timelines previously identified.

 

Timelines

Schedules or time estimates are subject to change upon notification in writing by either party. Unless otherwise stated, the amount of written notice to be given by either party shall be two weeks.

Fees & Alterations

Any revisions, additions, or alterations to the project modifying the terms of the agreement as the Services to be performed and not included in any fee specified, shall be billed as additional services. Such additional services shall include, but shall not be limited to, changes in the extent of work, changes in the complexity of any elements of the project, and any changes made after approval have been given for a specific stage of design, documentation, or preparation of artwork.

Specific to website design; If the content is provided in a non-digital format (paper printouts, flyers and other non-digital formats), clients will be charged an hourly rate of £160/hour for our team to copy the information into an electronic document, before passing it to the dedicated website developer.

Rushed or Prolonged Work

Any work required in advance of an agreed schedule or timetable, any shortening of the contract period, or additional fees and expenses incurred during a project due to Customer delays or extensions shall be charged and paid for at an additional rate of 50% of Marwick Marketing Ltdʼs hourly rate. If Marwick Marketing Ltd is waiting on material or approval for more than 30 days on an ongoing project, we reserve the right to invoice the remaining of the project’s cost or, at minimum, the work completed at this stage.

Customer Approval

The Customer will appoint a single representative of the Customer with full authority to provide the necessary information required by Marwick Marketing Ltd and to provide approvals.

The Customer will be required to proofread and approve all elements of the final designs. Approval must be provided before production can continue and artwork is released. Corrections, if required, will be identified on proofs, artwork, facsimiles, or digital proofs and submitted for Marwick Marketing Ltd to revise and resubmit for Customer approval. Final approval is required on every project and must be marked “Approved” with the name or initials of the individual who is authorised by the Customer to approve artwork for release and production.

Email authorisation from you will constitute authorisation and approval.

 

Quality of Source Materials Provided by the Customer

Additional charges will apply when materials are submitted by the Customer in a form that prevents them from being readily used and applied at recognised professional standards. An example would be to recreate a low-resolution logo image file into a vector file.

Production

In those instances where the Customer assumes responsibility for production, printed proofs, copies, prototypes, and mock-ups must be approved by Marwick Marketing Ltd prior to use. Marwick Marketing Ltd shall be available at reasonable times to provide advice during the production period and for approval of minor modifications of the project (hourly rates will apply).

Design Credits

The Customer agrees that Marwick Marketing Ltd is entitled to claim authorship of the design and will be permitted editorial credits to Marwick Marketing Ltd on all published or manufactured work. The Customer must obtain Marwick Marketing Ltdʼs consent in writing before Marwick Marketing Ltdʼs name is reproduced in any finished product or other published material by the Customer.

Fixing A Hacked Website

A website can get hacked at any time, for any reason. While we provide marketing solutions for your website, we do not provide support should your website be hacked or go offline within the scope of any marketing campaign supplied by Marwick Marketing Ltd. However, we understand that we can provide the fastest response in helping you get your website back online and have the team in-house to help clean the website for malware, viruses, and infections. As such, we can provide this service to our clients based on an hourly rate of £160 plus VAT. We will provide you with an approximate cost to fix the website, and as a client, you are welcome to hire us or anyone else. The amount due is added to your next monthly invoice.


Exclusivity

Our clients must spend a minimum of £3,000 monthly on their SEO or PPC campaigns to request county exclusivity and £5,000 for national exclusivity. If we have two or more companies competing for the same regions and services/products, we will assign different staff members to their campaigns to avoid any conflict of interest.

Specific To Search Engine Optimisation

Over the last ten years, we have developed a proven process to optimise websites on-site and off-site. This process is made up of tasks our team performs each month to achieve a higher organic search ranking. By signing this agreement, you acknowledge that some factors may hinder the increase in organic search rankings;

  1. If past SEO consultants, SEO companies or staff have performed black hat SEO or practised poor SEO tactics
  2. If the website has been penalised by Google
  3. If the website is blacklisted by (but not limited to) Google, Yahoo, Norton Safe Web, McAfee SiteAdvisor or Bing.
  4. If my website has ever been subject to or becomes subject to during the term of the contract; trojan horses, phishing schemes, pharma hacks, email or information scraping

If we find anything that may impede our progress with our SEO process, we will suggest solutions to fix the issue. These solutions may fall outside our proven SEO process and be treated as a separate billable projects.

If a Customer requests website design work that does not directly contribute to the on-site or off-site SEO process, the requested work will be treated as a separate project, and we will provide a quote for work. Examples of non-SEO affecting work; are adding new forms, changing design or layout, adding new features like online payment, CRM, customer login areas, and updating vouchers or coupons.


Specific To Digital Advertising

Digital Advertising or Pay-Per-Click (PPC) is also referred to as SEM (Search Engine Marketing). This type of solution can be performed across Google, Youtube, Facebook, Twitter, Bing and Yahoo. You have the opportunity to request ad changes once a month for text ads and once every two months for display ads.

From time to time, we may suggest other opportunities for your business based on the feedback we get from the advertising platforms used.


Switch to Marwick and Save Contract Details

The Switch to Marwick and Save promotion is based on a 12-month contract with a minimum retainer of £650. Clients who wish to cancel may do so with a 30-day written notice using Marwick Marketing Ltd’s online cancellation form (https://www.marwickmarketing.co.uk/service-cancellation/) and will be required to pay 50% of the remaining value of the contract. Upon this time, Marwick Marketing Ltd will provide a roundup report and all login details for the Customer.


Free Website Upgrade

The free website upgrade applies to Marwick Marketing Ltd’s template websites and includes changes to images, fonts, colours, logos, and text. Additional changes outside of this will be charged at our hourly rate in agreement with the Customer.


£400 In Google Ad Spend

To help you get started with Google Ads, we’ll work with you to claim £400 in free ad credits when you spend £400 and create a new Google Ad account. Ad spend payable by the Customer to Google and contingent on creating a new account.

10% Off
When you provide Marwick Marketing Ltd. with an invoice within the last 12 months with a value of £650 or greater on services that Marwick Marketing Ltd provides; SEO, PPC, or Social Media, we will beat their price by 10%. It does not include ad spend.

 

Governing Law

This Agreement shall be construed and enforced under the laws of the United Kingdom.